Supreme Court Decision on Federal Anti-Hacking Law

Akin Gump published a client alert on the Supreme Court adopting a narrow interpretation of what it means to “exceed authorized access” to a computer under the Computer Fraud and Abuse Act (CFAA). The Supreme Court held that a former police officer did not violate the CFAA by “exceeding” his authorized access to a law enforcement database when he used the database to sell information because he was otherwise authorized to access the database for law enforcement purposes. The Court’s ruling impacts what conduct is criminally enforceable under the CFAA and limits legal remedies available to employers and private parties for misuse of data or violations of use policies. Companies should analyze whether appropriate protections are in place to safeguard against conduct now decriminalized under the CFAA. To read the full alert, please click here.